HomeMy WebLinkAbout5.3 An Ordinance transferring certain Real Property owned by the VMP (2)
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Agenda Item Details
MeetingApr 17, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00
p.m.
Category5. CONSENT AGENDA
Subject5.3 Motion to waive the rule requiring two readings of an ordinance and adopt an
ORDINANCE TRANSFERRING CERTAIN REAL PROPERTY OWNED BY THE VILLAGE OF
MOUNT PROSPECT (Unimproved Thayer Street West of Rand Road)
AccessPublic
TypeAction
Preferred DateApr 17, 2018
Fiscal ImpactNo
Recommended ActionApprove an ordinance and quit-claim deed which transfers title of a portion of Thayer
Street right-of-way from the Village of Mount Prospect to Speed GMX Mount Prospect,
LLC.
Public Content
Information
As part of the development for 801 E. Rand Road, the Petitioner (Speed GMX Mount Prospect, LLC) requested
that a portion of Thayer Street right-of-way would be transferred to the Petitioner. The Village obtained the
southern portion of the right-of-way via a deed in 1968. Because the Village obtained this portion via deed, it
cannot be "vacated". Instead, the Village must quit-claim the title to the Petitioner.
The Petitioner has prepared a quit-claim deed for that portion of Thayer Street right-of-way needing to be
transferred via title. Staff prepared an ordinance according to the Village requirements for the transfer or sale
of real property owned by the Village. Staff also prepared the attached "Exhibit A", which clearly depicts this
area. This property will be incorporated into the recently approved Mount Prospect Pointe commercial
development.
Alternatives
1. Approve an ordinance and quit-claim deed which transfers title of a portion of Thayer Street right-of-way
from the Village of Mount Prospect to Speed GMX Mount Prospect, LLC.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the Village Board approve the proposed ordinance and quit-claim deed as proposed.
Thayer Grantor Grantee.pdf (27 KB)
Thayer Warranty Deed - South 1_2 of Thayer- 801 E. Rand Road Mt. Prospect IL.pdf (17 KB)
ORD - Thayer Street Transfer of Title.pdf (253 KB)Exhibit A.png (312 KB)
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Administrative Content
Executive Content
Motion & Voting
Approve an ordinance and quit-claim deed which transfers title of a portion of Thayer Street right-of-way from
the Village of Mount Prospect to Speed GMX Mount Prospect, LLC.
Motion by Michael Zadel, second by William Grossi.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
Approve an ordinance and quit-claim deed which transfers title of a portion of Thayer Street right-of-way from
the Village of Mount Prospect to Speed GMX Mount Prospect, LLC.
Motion by Michael Zadel, second by Colleen Saccotelli.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
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GRANTOR/GRANTEE STATEMENT
The Grantor or his/her Agent affirms that, to the best of his/her knowledge, the name of the Grantor shown on the
Deed or Assignment of Beneficial Interest in a land trust is either a natural person, an Illinois corporation or foreign
corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to
do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to
do business or acquire title to real estate under the laws of the State of Illinois.
Dated: March______, 2018.
Signature __________________________________________
Subscribed and sworn to before me
by the said Grantor
This _______ day of March, 2018.
Notary Public ____________________________________
The Grantee or his/her Agent affirms and verifies that the name of the Grantee shown on the Deed or Assignment of
Beneficial Interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized
to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire
and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire
title to real estate under the laws of the State of Illinois.
Dated: March ______, 2018.
Signature ___________________________________
Subscribed and sworn to before me
by the said Grantee
________ day of March _______, 2018.
This
Notary Public ____________________________________
NOTE: Any person who knowingly submits a false statement concerning the identity of a Grantee
shall be guilty of a Class C misdemeanor for the first offense and of a Class A misdemeanor for
subsequent offenses.
(Attach to Deed or ABI to be recorded in Cook County, Illinois, if exempt under the provisions of Section 4 of the
Illinois Real Estate Transfer Tax Act.)
Doc: 167889/1/HMB
4100559/1/15835.000
Doc: 167889/1/HMB
This document was prepared by:
Kristin L. Dunlap, Esq.
Horwood Marcus & Berk Chartered
500 W. Madison, Suite 3700
Chicago, Illinois 60661
After recording return to:
Kristin L. Dunlap
Horwood Marcus & Berk Chartered
500 W. Madison, Suite 3700
Chicago, Illinois 60661
This space reserved for Recorder’s use only.
WARRANTY DEED
Village of Mount Prospect, an Illinois municipal corporation (“Grantor”), for and in
consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration in hand paid, the receipt and sufficiency of such consideration being hereby
acknowledged, herebyWARRANTS ANDCONVEYSto Speed-GMXMount Prospect, LLC, a
Delawarelimited liability company(“Grantee”), all of Grantor’s rights, title and interest in and
to that certain real property situated in CookCounty, Illinois being more particularly described in
Exhibit Aattached hereto and made a part hereof for all purposes (the “Property”).
Together with all and singular the hereditaments and appurtenances thereunto belonging,
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: TO HAVE AND TO HOLD the Property, with theappurtenances
thereto, unto Grantee and its successors and assigns.
Grantor, for itself, and its successors, does covenant, promise and agree, toWARRANT
AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and
assigns, against every person whosoever lawfully claiming, or claim the same, or any part
thereof.
\[SIGNATURE PAGE TO FOLLOW\]
E xempt under provisions of Paragraph E
Section 45, Real Estate Transfer Tax Act.
By:___________________________________
Dated:______________________________
4098421/1/15835.000
IN WITNESS WHEREOF, the undersigned has made, executed and delivered this
Warranty Deed as of this ___ day of ____________________,2018.
VILLAGE OFMOUNT PROSPECT,
an Illinois municipal corporation
By:______________________________
Name:______________________________
Its: ______________________________
STATE OF ILLINOIS)
) SS:
COUNTY OF COOK)
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that_____________________, _______________ ofthe Village of Mount
Prospect, an Illinois municipal corporation,personally known to me to be the same person whose
nameissubscribed to the foregoing instrument, appeared before me this day in person, and
acknowledged that he/shesigned, sealed and delivered the said instrument as his/herfree and
voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this ___ day of __________________,2018.
_____________________________
Notary Public
Mail tax bills to:
Speed-GMX Mount Prospect, LLC
400N. LaSalle Street, Suite 805
Chicago, Illinois 60654
Attention: Jason Schiffman
4098421/1/15835.000
EXHIBIT “A”
LEGAL DESCRIPTION
THE NORTH 33 FEET OF THAT PART OF THE NORTH 1/2OF THE SOUTHWEST 1/4OF
THE SOUTHWEST 1/4OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF RAND ROAD (EXCEPTING
FROM SAID TRACT THE WEST 193.0 FEET THEREOF).
Property Address: 801 E. Rand Road, Mount Prospect, Illinois60056
PIN Number: part of 03-35-302-007-0000
4098421/1/15835.000
ORDINANCE NO.
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AN ORDINANCE TRANSFERRING CERTAIN REAL PROPERTY OWNED BY
THE VILLAGE OF MOUNT PROSPECT
(Unimproved Thayer Street West of Rand Road)
WHEREAS, the Village has fee simple title to a certain thirty-three foot strip of
unimproved right of way, on Thayer Street, just west of Rand Road in the Village of
Mount Prospect and
WHEREAS, this portion of unimproved Thayer Street is adjacent to a
development on Rand Road that is the subject of a redevelopment proposal at 801 East
Rand Road, put forward by Speed-GMX Mount Prospect, LLC (the
and
WHEREAS, the Redevelopment is brought before the Village concurrent with a
zoning map amendment and a conditional use for a planned unit development; and
WHEREAS, as part of this redevelopment proposal, the unimproved rights of
way to the north (Thayer Street) and to the south (East Henry Street) are included as
necessary land for the Redevelopment plans; and
WHEREAS, the Village is vacating that portion of East Henry Street adjacent to
the Redevelopment to Speed-GMX Mount Prospect, LLC, a Delaware limited liability
company (the and
WHEREAS, the Property is a portion of the unimproved right of way that was
never dedicated to the Village, but instead transferred via deed in 1968; and
WHEREAS, in order for the Redevelopment to take advantage of the Property,
the Village needs to transfer title to the developer; and
WHEREAS, pursuant to its home rule authority, the Village of Mount Prospect
has the authority to sell or transfer real estate owned by it according to the
procedures adopted by the Village; and
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WHEREAS, pursuant to Section 8.514 of the Village Code, certain conditions
must be met for a sale or transfer of Village-owned real property; and
WHEREAS, it is in the best interest of the Village of Mount Prospect that said
Property be transferred to the developer.
THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Mount Prospect, Cook County, Illinois:
SECTION 1: That the findings set forth above are incorporated by reference into
this Section 1 as if fully set forth herein.
SECTION 2: That the Property is legally described as follows:
THE NORTH 33 FEET OF THAT PART OF THE NORTH ½ OF THE
SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING WEST OF RAND ROAD
(EXCEPTING FROM SAID TRACT THE WEST 193.0 FEET
THEREOF).
Common Address: The south half of unimproved Thayer Street, 183.29 feet
west from Rand Road (801 East Rand Road, Mount
Prospect, Illinois)
SECTION 3: That the quit-claim deed proposed for transfer of the Property to the
buyer, -GMX Mount Prospect, attached as Exhibit A to this Ordinance.
SECTION 4: That relieving the Village of the burden of maintenance and potential
liability associated with the Property is sufficient consideration for transfer of the
Property and no monetary costs are necessary. This price of ten dollars ($10.00) is fair,
reasonable and just according to the circumstances and nature of the Property.
SECTION 5: That the Property is no longer necessary, appropriate or required
for municipal use.
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SECTION 6: That the Village Clerk is hereby and herewith instructed, to promptly
record a copy of this Ordinance certified as correct by the Clerk of said Village of Mount
Prospect with the Recorder of Deeds of Cook County, Illinois.
SECTION 7: That this Ordinance shall be in full force and effect upon and after
its adoption and approval as required by law.
ADOPTED this th day of April, 2018, by a roll call vote of the Corporate
Authorities as follows:
AYES:
NAYS:
ABSENT:
APPROVED this day of April, 2018, by the President of the Village of
Mount Prospect.
By:
Arlene A. Juracek, Village President
ATTEST:
Karen Agoranos, Village Clerk
Dated this day of April, 2018.
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STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
CERTIFICATE
I, M. Lisa Angell, do hereby certify that I am the regularly appointed, qualified and
acting Village Clerk of the Village of Mount Prospect, Cook County, Illinois.
I do further certify that attached hereto is a true and correct copy of an ordinance
entitled:
ORDINANCE NO.
AN ORDINANCE TRANSFERRING CERTAIN REAL PROPERTY OWNED BY THE
VILLAGE (Unimproved Thayer Street West of Rand Road)
passed by the Board of Trustees of the Village of Mount Prospect at a regular meeting
held on the day of April, 2018, at which meeting a quorum was present, and
approved by the President of the Village of Mount Prospect on the day of April,
2018.
I further certify that the vote on the question of passage of the said Ordinance by
the Board of Trustees of the Village of Mount Prospect was taken by the Ayes and Nays
and recorded in the Journal of Proceedings of the Board of Trustees of the Village of
Mount Prospect, and that the result of said vote was as follows, to-wit:
AYES:
NAYS:
ABSENT:
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I do further certify that the original Ordinance, of which the attached is a true
copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Mount Prospect, Cook County, Illinois, this _ day of April, 2018.
M. Lisa Angell, Village Clerk
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